The Australian Workers' Union v Hyne & Son Pty Limited

[2013] FWC 4334

[2013] FWC 4334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
v
Hyne & Son Pty Limited
(B2013/1002)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 3 JULY 2013

Proposed protected action ballot by employees of Hyne & Son Pty Ltd at Tuan Mill, Imbil Mill and Melawondi Mill.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by The Australian Workers’ Union (the AWU) for a protected action ballot order in relation to certain employees of Hyne & Son Pty Limited (the respondent).

[2] My associate was advised by the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the AWU had been and was genuinely trying to reach an agreement). The AWU has provided a Statement addressing the statutory grounds.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR538501] based on the draft order provided by the AWU has issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

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